Released in March 2025, with the official implementation date approaching, the National Food Safety Standard - General Rules for the Labelling of Prepackaged Foods (GB7718-2025) explicitly prohibits the use of terms such as "No Added," "Free From," and their synonymous expressions. Concurrently, the newly issued Administrative Measures for Supervision of Food Labeling has removed the provision that previously classified the claim "No Added" as a mere labeling defect.
This means that once the new regulations take effect, the continued use of terms like "No Added" or "Free From" will be directly deemed as misleading consumer conduct, and will no longer qualify as a curable or exemptible labeling defect.
Businesses may face the following risks:
Consumer Complaints: May trigger punitive damages of up to ten times the purchase price or three times the amount of actual losses incurred (Food Safety Law, Article 148).
Administrative Penalties: Non-compliant labeling shall result in a fine ranging from RMB 5,000 to RMB 50,000 (Food Safety Law, Article 125).
Advertising Violations: If deemed false advertising, a fine ranging from RMB 200,000 to RMB 1,000,000 shall be imposed (Advertising Law, Article 55).
Legal Definition of a Food Labeling Defect
Pursuant to Article 125, Paragraph 2 of the 2015 Food Safety Law:
"Where a food or food additive label or instruction manual contains a defect but meets the following conditions, the regulatory authority shall order rectification; where rectification is refused, a fine of not more than RMB 2,000 shall be imposed:
- The defect does not affect food safety; and
- The defect does not mislead consumers."
In determining whether a labeling irregularity constitutes a mere defect, market regulation authorities may comprehensively consider the following factors:
Relevance: The degree to which the labeling content relates to food safety.
Culpability: The extent of subjective fault or intent on the part of the food business operator.
Consumer Perception: The likelihood that the labeling would affect a consumer's understanding of food safety or influence their purchasing decision.
Common Types of Labeling Defects and Illustrative Examples
a) Non-compliance in the formatting of text, symbols, or numerals
Including but not limited to irregular font size, typeface, or character height; typographical errors such as misspellings, omissions, superfluous characters, or the use of traditional Chinese characters; inaccurate foreign language translations; or instances where the font size or character height of foreign text exceeds that of the corresponding Chinese text.
Illustrative Examples:
Use of Traditional Chinese Characters: The character "质" is incorrectly labeled as "質".
Use of Irregular or Non-Standard Chinese Characters: The character "包" is incorrectly labeled as a non-standard variant.
b) Irregularities in the format or presentation of net quantity and product specifications
Or failure to label storage conditions as required for foods that are not subject to any special storage requirements.
Illustrative Examples:
Irregular Net Quantity Declaration: "Net Weight: 5 kg" incorrectly labeled as "Net Weight: 5000 g".
Omission of Storage Conditions: Failure to label the storage condition "Store in a cool, dry place".
c) Irregularities in the use of colloquial names or non-standard abbreviations
For food, food additives, or ingredients.
Illustrative Examples:
Use of Colloquial Names: "Sodium Bicarbonate" labeled as "Baking Soda".
Use of Non-Standard Abbreviations: "DL-Malic Acid" abbreviated and labeled merely as "Malic Acid".
d) Irregularities in the nutrition facts panel or ingredient list
Including but not limited to non-compliant sequencing, values, or units of measurement; or irregularities in rounding intervals, "zero" threshold values, or the units of measurement displayed in the nutrition facts panel.
Illustrative Examples (in the nutrition facts panel):
Incorrect Rounding Interval: "Protein 2.0 g" incorrectly labeled as "Protein 2.00 g";
Incorrect Application of Zero Threshold: "Protein 0.0 g" incorrectly labeled as "Protein 0.2 g." (Note: The zero threshold for protein is ≤ 0.5 g)
e) Other circumstances of a minor nature
That do not affect food safety and involve no intentional attempt to mislead consumers.
Illustrative Example:
The production date is indicated as "See side of package," but is actually printed on the back of the package.
Compliance Remediation Measures for Labeling Defects
Products Already on the Market:
Consumer Notification: Clearly disclose the relevant information to consumers.
Remedial Actions: Implement corrective measures such as affixing compliant supplementary labels.
Newly Manufactured Products:
Strict Compliance: Revise label content in strict accordance with the latest standards.
Internal Control: Establish a three-tier label review and approval mechanism.
Preventive Measures:
Training: Conduct specialized training sessions on labeling regulations at regular intervals.
Third-Party Review: Engage external compliance review services for independent verification.
REACH24H Recommendation
REACH24H urges businesses to immediately initiate a self-audit for labeling compliance, with particular attention to the removal of all "No Added" or "Free From" claims and similar expressions.
With respect to existing product labels currently in circulation, it is strongly recommended that all necessary rectifications be completed before the official implementation date to avoid unnecessary legal exposure arising from the regulatory changes. Businesses should take full advantage of this window period prior to the official enforcement to ensure full compliance with the new labeling requirements.
For more information on China pre-packaged food formula and label compliance, please feel free to contact us at customer@reach24h.com.
